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Supreme Court Holds That a Non-Debtor Retaining a Debtor’s Property Does Not Exercise Control Over the Property in Violation of the Automatic Stay

In January 2020, we analyzed a split among the Circuit Courts regarding whether a non-debtor holding a debtor’s property on the petition date has an affirmative obligation under section 362(a)(3) of the Bankruptcy Code to return that property to the debtor immediately following the filing of the bankruptcy petition.

USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
“Birds of Prey” Argument Not Enough to Warrant Sanctions Against Law Firm Engaging in Alleged Serial Filing of TCPA Claims Arising From Bankruptcy Proceedings

A U.S. Bankruptcy Court has denied a creditor’s motion for sanctions against a law firm in the Middle District of Florida which the creditor alleged engaged in serial filings.

USA, Banking, Insolvency & Restructuring, Litigation, Telecoms, Troutman Pepper, Due diligence, Telephone Consumer Protection Act 1991 (USA), United States bankruptcy court